Conservatives are jumping on Sonia Sotomayor's 2005 comment that appeals courts are "where policy is made." American Future Fund criticized Sotomayor for the comment in a statement this morning and posted a video of Sotomayor making it to a new website.

"AFF is strongly against judicial activists creating law from the bench," the group said in a press release, characterizing Sotomayor's remark, made during a panel discussion at Duke University in 2005, as "flippant."

Judicial Confirmation Network, a conservative group that focuses on judicial nominees, made reference to the quote in a statement this morning condemning Sotomayor's nomination, alleging that Sotomayor "thinks that judges should dictate policy." Conservative bloggers have focused on it as well: The Weekly Standard,, and NewsBusters have all featured posts on the comment this morning.

During the panel discussion, Sotomayor said: "All of the legal defense funds out there, they're looking for people with court of appeals experience, because it is--court of appeals is where policy is made.

"And I know, and I know this is on tape and I should never say that, 'cause we don't make law--I know. [Audience laughter] Okay, I know, I know. I'm not promoting it, and I'm not advocating it, I'm, you know..."

See a video of the comment (the version posted by American Future Fund) below:

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